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Dec 9, 2012
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people are making the comparison to 1973, roe v. wade. 37 states, by law or in their constitutions now ban same-sex marriage but they're legal in nine states as well as the nation's capital, washington, d.c. a new poll, 40% say they approve same-sex marriage. 30% support legal unions, 24% say same-sex couples should not be allowed to enter in any union. president obama has come out in favor of same-sex marriage though he wants to leave it to the state issue. some people as bill suggested are comparing this to the 70s when opinion was evolving on abortion. the states seemed to work it out and the court came down with a big ruling and 40 years later we're having a holy war on the issue. how do you see the court reacting? do you see some creating a constitutional right or are they narrow and modest? >> it would be a surprise if they did a broad ruling. justice -- that map tells the story when you look at that many states who have banned it versus how many approved it. it gives you a sense of where the country is. it's moving in the dir
people are making the comparison to 1973, roe v. wade. 37 states, by law or in their constitutions now ban same-sex marriage but they're legal in nine states as well as the nation's capital, washington, d.c. a new poll, 40% say they approve same-sex marriage. 30% support legal unions, 24% say same-sex couples should not be allowed to enter in any union. president obama has come out in favor of same-sex marriage though he wants to leave it to the state issue. some people as bill suggested are...
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Dec 8, 2012
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some are calling it the next roe v. wade. the issue the u.s. supreme court agreed to take on that will make history. >> all of those who argued for nonintervention because of the things that might happen have now happened because we failed to intervene. >>> when is enough enough? that is the question many are asking about syria as the death toll climbs and concerns mount over chemical weapons and some lawmakers are saying it is too late to stop mass destruction. >>> what is going on with netflix? another major blunder by the ceo. why he is being investigated by the ccc. >>> it is saturday, december 8th. good morning, everyone. i'm randi kaye. victor blackwell is off today. we start with a landmark decision by the supreme court. the justices decided to hear two ca cases. joe johns has a look. >> randi, after weeks of speculation the court decided to take up two cases on same-sex marriage. the first one about the defensive marriage act. windsor against the united states. they were married in toronto, canada, in 2007. spire died in 2007 in new yor
some are calling it the next roe v. wade. the issue the u.s. supreme court agreed to take on that will make history. >> all of those who argued for nonintervention because of the things that might happen have now happened because we failed to intervene. >>> when is enough enough? that is the question many are asking about syria as the death toll climbs and concerns mount over chemical weapons and some lawmakers are saying it is too late to stop mass destruction. >>> what...
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Dec 9, 2012
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. >> it would be the roe v. wade of our generation. >> reporter: they have their critics, conservative legal analyst ed whalen. >> there is nothing in the constitution properly construing that remotely supports a right to same sex marriage. >> reporter: and even some of those who agree with olson and boies say that same sex marriage should be left to the states. there are lots of skeptics out there who say you're going too quickly here, and you're asking the supreme court to do a pretty heavy lift. >> every civil rights struggle, there have always been people who said you're moving too fast, country is not ready for it. how many people in 1954 were saying, country is not ready for desegregation, brown against board of education, too soon. >> reporter: but everyone says this is a conservative court. why are you doing it now? >> because ted is a conservative guy. there are lots of conservative people, the idea that civil rights and human rights is exclusively a liberal preserve, i think it is flat wrong. >> report
. >> it would be the roe v. wade of our generation. >> reporter: they have their critics, conservative legal analyst ed whalen. >> there is nothing in the constitution properly construing that remotely supports a right to same sex marriage. >> reporter: and even some of those who agree with olson and boies say that same sex marriage should be left to the states. there are lots of skeptics out there who say you're going too quickly here, and you're asking the supreme...
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Dec 10, 2012
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in 1992 in roe v. wade he wrote our obligation is to define the liberty of all, not to mandate our own moral code. he's personally opposed to abortion, but voteded in the opposite. there's also in 1996, kennedy was ruling -- voter measure that repealed gay rights ordnances. he wrote the measure was born of on nosty towards gays. the constitution prohibits laws signalling out citizens for general hardships. those are pretty strong words that sound as though he's in the bag. >> i would never consider any justice in the bag, but i think justice kennedy has some very powerful liberty rulings to be proud of and this will be should he rule the right way, consistent with his jurisprudence of liberty. i think all these judges have to ask themselves knowing where the country's going, where the people are, do i want to be the last gasp of prejudice or stand on the right side of history. >> as a final question, now that the court will likely make the decision, if it's not the decision that you are seeking, would
in 1992 in roe v. wade he wrote our obligation is to define the liberty of all, not to mandate our own moral code. he's personally opposed to abortion, but voteded in the opposite. there's also in 1996, kennedy was ruling -- voter measure that repealed gay rights ordnances. he wrote the measure was born of on nosty towards gays. the constitution prohibits laws signalling out citizens for general hardships. those are pretty strong words that sound as though he's in the bag. >> i would...
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Dec 10, 2012
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when roe v. wade was decided abortion was legal in only four states. you look at the numbers on gay marriage. 1996 compared to today. in 1996 27% of the country thought gay marriage should be valid. by 2012 it's 50%. as someone who works closely on this issue, what do we owe that almost sea change in public opinion to? >> i think a big -- the recent sea change, i think a lot we owe to president obama, his leadership. i think he particularly, the african-american community, i think his speaking out on this has made a big deal. the other thing i think that's made a big deal is the visibility of gay and lesbian people. the more -- the court is not immune to that. the more people meet gay people as their clerk oorz family members or their friends or neighbors, the more they realize that this notion that they shouldn't be able to get married, which is a deeply conservative institution, the idea that two people can't love each other and get -- be in a stable relationship, which is family values, it's ridiculous. that's why we have people like ted olson who i
when roe v. wade was decided abortion was legal in only four states. you look at the numbers on gay marriage. 1996 compared to today. in 1996 27% of the country thought gay marriage should be valid. by 2012 it's 50%. as someone who works closely on this issue, what do we owe that almost sea change in public opinion to? >> i think a big -- the recent sea change, i think a lot we owe to president obama, his leadership. i think he particularly, the african-american community, i think his...
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Dec 8, 2012
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if it did that, that might result in what would essentially be the roe v. wade of gay rights. alex. >> taking up this prop 8 with california, would their ruling necessarily apply then only to california? >> that's possible. it's possible, because the appeals court ruling that comes to the supreme court was designed to apply only to california. what it said is once a state grants an essential right like this, it can't then take it away. remember in 2008 early in the year, this california supreme court permitted same-sex couples to get married, about 18,000 of them did. then prop 8 was passed in the general election putting a stop to it. so if the court just stops there, you're right. it would be a ruling that would apply only to california. if it decides to take that case and get to the constitutional question of whether any state for any reason can deny same-sex marriage couples the right to get married, then it would play nationwide. >> good to see you, pete. thank you. >> you bet. my pleasure. >> now the question of the day. what do you expect the supreme court to do on gay
if it did that, that might result in what would essentially be the roe v. wade of gay rights. alex. >> taking up this prop 8 with california, would their ruling necessarily apply then only to california? >> that's possible. it's possible, because the appeals court ruling that comes to the supreme court was designed to apply only to california. what it said is once a state grants an essential right like this, it can't then take it away. remember in 2008 early in the year, this...
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Dec 11, 2012
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. >> stephanie: yeah the too far, too fast argument is some made about roe v. wade and all of that. but this is happening at record pace, more so than i think any civil rights battle. somebody made the point it was because -- more and more people obviously have learned that they know somebody gay, whereas obviously they were saying that the civil rights movement, you didn't suddenly discover someone is black. >> right. >> stephanie: but i think as you say they do look at politics, look at the same polling we have, and look at the arc of history, and say a kennedy has the chance to do the brown versus board of education of our time. >> sure. we don't know who voted to take up the proposition 8 case right? at least four justices have to be supportive of the coming on board. could it have been for liberal justices thinking that kennedy, the presumed swing vote might be with them or those opposed to marriage equality presuming that kennedy might be with them. but i think that the court despite being above the fray as it were it interacted with the political realities and the world, so i
. >> stephanie: yeah the too far, too fast argument is some made about roe v. wade and all of that. but this is happening at record pace, more so than i think any civil rights battle. somebody made the point it was because -- more and more people obviously have learned that they know somebody gay, whereas obviously they were saying that the civil rights movement, you didn't suddenly discover someone is black. >> right. >> stephanie: but i think as you say they do look at...
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that might result in what would essentially be the roe v. wade of gay rights. >> thanks for that. >>> back to you, molly. you were doing a big piece of this for "the atlantic" for next week. what did you find most interesting in your research thus far? >> the really amazing thing about this issue is how far public opinion has come in a relatively short time on the scale of sort of large-scale social change. when gallup recently polled public opinion on gay marriage, it had the support of 53% of the american public. back in 1996 that was 27%. and that was the atmosphere in which president clinton and the congress were passing the defense of marriage act. since then, every single appellate court that has considered it has ruled against it. that's something that advocates feel very confident about the supreme court going their way. on the proposition 8 case, advocates are a little bit more nervous. this is a conservative court. and if they do rule against proposition 8 and gay marriage in california, that would strike a blow against gay marriag
that might result in what would essentially be the roe v. wade of gay rights. >> thanks for that. >>> back to you, molly. you were doing a big piece of this for "the atlantic" for next week. what did you find most interesting in your research thus far? >> the really amazing thing about this issue is how far public opinion has come in a relatively short time on the scale of sort of large-scale social change. when gallup recently polled public opinion on gay...
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Dec 27, 2012
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they reached out in roe v. wade. they reached out in lawrence v. texas, the gay rights case. the people who don't want them to reach out in this case, many of them, do want them to reach out anytime it helps their cause. and maybe they even reached out in the chada case which is alan's case. and my point there is the court shouldn't just make things up, but they are to a large extent a policy-making body. it's evolved that way. that's what they do. they take cases, and they decide broader principles under those cases. and here we have a very serious problem that i think justifies a little stretching not, in my opinion, to ban racial preferences, but to impose the kind of remedies we suggest, transparency and a socioeconomic component. because as our book details, every other institution in american society has failed to come to grips with this problem. the universities systematically mislead applicants and the rest of the country over how it works. the politicians are terrified of it. no major politician has attacked affirmative action publicly in about 20 years. not 20, mayb
they reached out in roe v. wade. they reached out in lawrence v. texas, the gay rights case. the people who don't want them to reach out in this case, many of them, do want them to reach out anytime it helps their cause. and maybe they even reached out in the chada case which is alan's case. and my point there is the court shouldn't just make things up, but they are to a large extent a policy-making body. it's evolved that way. that's what they do. they take cases, and they decide broader...